Fair Work Ombudsman
Citation: FWO-2023-01-30-vertebral-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Vertebral Pty Ltd, an IT services company based in Gold Coast, and its director, Yasien Adams. An investigation began after a network engineer, employed between January and August 2020 and holding a visa at the time, requested assistance. A Fair Work Inspector issued a Compliance Notice in December 2021 regarding alleged underpayment of minimum wages, payment-in-lieu-of-notice, and annual leave entitlements under relevant awards and the National Employment Standards. The company failed to comply with the notice.
What was decided
The Fair Work Ombudsman is taking Vertebral Pty Ltd and Yasien Adams to court for failing to comply with a Compliance Notice regarding alleged underpayment of a worker’s entitlements. The company faces a potential penalty of up to $33,300, and Mr Adams faces a potential penalty of up to $6,660. The FWO is also seeking an order for the company to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for February 13, 2023.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements, plus interest and superannuation. Businesses should ensure they are meeting their obligations regarding minimum wages, leave entitlements, and other workplace laws.
What it means for employees
Visa holders with concerns about their pay or entitlements can seek assistance from the Fair Work Ombudsman without fear of visa repercussions, thanks to the Assurance Protocol with the Department of Home Affairs. Employees should contact the Fair Work Infoline for free advice and assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/january-2023/20230130-vertebral-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →